What is a 1099?

UPDATED: Sep 30, 2022

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What is a 1099?

My husband’s ex-employer wants him to sign a 1099 form before he will release

his last check. We’re unsure of what a 1099 is. I have messages showing that he won’t release it. We just need help as we don’t know what to do.

Asked on October 24, 2016 under Employment Labor Law, Utah


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A 1099 is a tax form for someone who was not an employee or provided some service to the company outside a traditional employer/employee relationship.  If your husband was an independent contractor instead of an employee, he would receive a 1099.  However, your husband does not sign a 1099.  The form is prepared by the company and is sent to your husband.  The company reports that payment to the IRS.  Your husband does not file the 1099 with the IRS, but reports the income when filing his taxes.  Those who receive a 1099 do not have income taxes withheld from the total earnings.
If your husband's ex-employer won't release the check, your husband could sue for breach of contract / account stated.  Depending on the amount of the check, your husband may be able to file his lawsuit in Small Claims Court.  Your husband can recover the amount he is owed in addition to court costs such as the court filing fee and process server fee upon prevailing in the case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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